12 §8425. Regulatory Jurisdiction

Title 12: CONSERVATION

Part 11: FORESTRY

Chapter 803: FOREST HEALTH AND MONITORING HEADING: PL 1999, C. 790, PT. A, §17 (RPR)

Subchapter 4-A: MAINE SPRUCE BUDWORM MANAGEMENT ACT

§8425. Regulatory Jurisdiction

1. General rule. The Bureau of Forestry, in undertaking any spray project, shall apply for and obtain any permits and approvals of the Maine Pesticide Control Board and the Maine Department of Agriculture, Food and Rural Resources, as required by the laws administered by those agencies. Except as provided in this section, spray projects may be conducted without adherence to the laws administered by other state agencies or by any municipal, county or other local government body.

[ 1979, c. 737, §12 (NEW) .]

2. Municipal action. Any municipality may prohibit the execution of spray projects within settlement corridors, as designated pursuant to section 8424, subsection 6, which lie within the municipality. Any such prohibition, or the repeal thereof, may be enacted in accordance with the procedures for enactment of municipal ordinances; provided that any such prohibition shall be enacted before April 1st of any calendar year in which it shall apply and that the municipality shall send a certified copy of its enactment to the director within 10 days following the adoption of the same. Settlement corridors within which spray projects have been prohibited pursuant to this subsection shall thereupon be removed by the director from the spray program area.

[ 1979, c. 737, §12 (NEW) .]

SECTION HISTORY

1979, c. 737, §12 (NEW).